Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification...

15
Claims I Mortgage Insurance Claim and Foreclosure Bidding Servicing Guide March 1, 2020 YOU-CENTRIC SOLUTIONS THAT MATTER 00869.0220 ©2020 Genworth Financial, Inc. All rights reserved. Genworth Mortgage Insurance underwriters include: Genworth Mortgage Insurance Corporation and Genworth Mortgage Insurance Corporation of North Carolina

Transcript of Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification...

Page 1: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claims I Mortgage Insurance

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

YOU-CENTRIC SOLUTIONS THAT MATTER

00869.0220 ©2020 Genworth Financial, Inc. All rights reserved. Genworth Mortgage Insurance underwriters include: Genworth Mortgage Insurance Corporation and Genworth Mortgage Insurance Corporation of North Carolina

Page 2: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 1 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

Genworth Mortgage Insurance Corporation

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

This Claim and Foreclosure Bidding Servicing Guide (“the Guide”) replaces all previous Claim

and Foreclosure Bidding Servicing Guides for claims filed on or after the effective date of this

Guide. Please note that our Peak Portfolio Policy (MP 1920) has its own Claim and Foreclosure

Bidding Servicing Guide.

Page 3: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 2 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

Table of Contents

1) Summary of Changes .................................................................................................... 3

2) Overview and Introduction ............................................................................................ 3

3) Requirements for Appropriate Proceedings ................................................................. 4

3a) Commencement of Appropriate Proceedings ......................................................... 4

3b) Foreclosure Times and Redemptions by State ....................................................... 4

4) Foreclosure Bidding Instructions ................................................................................. 4

4a) General Foreclosure Bidding Instructions .............................................................. 4

4b) e-Bid (Accessing and Using Genworth’s Foreclosure Bidding Tool) ..................... 4

5) Filing a Claim ................................................................................................................ 5

5a) When to File a Claim................................................................................................ 5

5b) Claim Form .............................................................................................................. 5

5c) How to File a Claim.................................................................................................. 6

5d) How to Submit Supporting Documents .................................................................. 6

5e) How to Check a Claim Status .................................................................................. 6

6) Claim Requirements ...................................................................................................... 6

6a) Documents Required to Perfect a Claim ................................................................. 6

6b) Supporting Documentation ..................................................................................... 8

6c) Claimable Items ....................................................................................................... 9

6d) Supplemental Claims ............................................................................................ 10

6e) Appeal of Claim Denial or Reduction of Insurance Benefit .................................. 10

6f) Protection and Preservation of the Property ......................................................... 11

6g) Listing and Sale of REO Properties ...................................................................... 11

6h) Policy Exclusions .................................................................................................. 11

6i) Claims Curtailment Methodology ........................................................................... 12

7) Claim Settlement Methods .......................................................................................... 12

7a) Settlement Options................................................................................................ 12

7b) Explanation of Benefits (EOB) .............................................................................. 12

8) Credible Evidence ....................................................................................................... 13

9) Subrogation and Deficiency Judgments ..................................................................... 14

Page 4: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 3 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

1) SUMMARY OF CHANGES

Topic Section(s) New Guidelines

Supplemental Claims 6d Details about eligibility criteria for allowable

Advances requested in supplemental

Claims

Credible Evidence 8 Details about what qualifies as Credible

Evidence to rescind coverage on a

Certificate

2) OVERVIEW AND INTRODUCTION

To support our customers and provide additional information on our new Master Policy

MP 1980, Genworth has established a Master Policy Resource Center on our

corporate website at http://new.mortgageinsurance.genworth.com/master-policy-info

that contains implementation resources, including a high-level change summary and

FAQ documents.

The Master Policy applicable to your loan (“the Policy”) sets forth the terms and

conditions that govern mortgage insurance issued by Genworth. Please refer to the

applicable Policy for complete details. This Guide is intended to provide clarification,

illustrative examples, and supplemental information on the requirements of the Policy.

In the event the requirements of the Policy or this Guide are not followed, it may, in

certain circumstances, result in cancellation of coverage, rescission, reduction in the

Insurance Benefit, or Claim denial. If there is a conflict between this Guide and the

Policy, the terms and conditions of the applicable Policy will control. For ease of

reference, capitalized terms used in this Guide have the meanings set forth in MP

1980.

We understand the importance of reliable and timely payment of Claims and we are

providing this Guide so that you can better understand the process and requirements

for:

• Commencement and completion of Appropriate Proceedings

• Foreclosure bidding

• Filing a Claim

• Claim settlement

• Claim curtailment

• Supplemental Claims

• Appeal of Claim denial or reduction of Insurance Benefit

In addition to this Guide, Genworth has other resources available to assist Servicers.

Visit our website at https://MIservicing.genworth.com/Publications/Default.aspx to

access Genworth’s (i) Default Management Servicing and Reporting Guide for Default

servicing and delinquency reporting requirements and (ii) Lender Servicing Guide for

information related to activation, maintenance and cancellation of MI coverage. In

Page 5: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 4 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

addition to links to all Genworth servicing guides, this website contains current

announcements and links to servicing forms.

We are pleased to provide additional assistance should you have any questions or

comments regarding this Guide or the Policy. Please contact the Genworth

ActionCenter at 800 444.5664 or via email at [email protected]. The

ActionCenter is staffed from 8 a.m. to 8 p.m. Eastern Time to provide you with any

support you may need.

3) REQUIREMENTS FOR APPROPRIATE PROCEEDINGS

3A) COMMENCEMENT OF APPROPRIATE PROCEEDINGS

Foreclosure should commence within 30 days after the loan remains in Default for six

(6) consecutive months, unless GSE Guidelines, the Consumer Financial Protection

Bureau’s Mortgage Servicing Rule (“CFPB Rule”) or applicable law provide otherwise.

Genworth reserves the right to direct the Servicer to commence foreclosure earlier and

in accordance with the Policy terms, subject to applicable law.

3B) FORECLOSURE TIMES AND REDEMPTIONS BY STATE

Appropriate Proceedings must be diligently pursued and completed in accordance with

applicable law and GSE state foreclosure timelines. Any foreclosure delays must be

permitted by GSE Guidelines, the CFPB Rule or applicable law and documented in the

Servicing File.

4) FORECLOSURE BIDDING INSTRUCTIONS

4A) GENERAL FORECLOSURE BIDDING INSTRUCTIONS

Servicers are required to follow bidding instructions issued by Genworth unless the

investor is a GSE. For GSE loans, Genworth requires Servicers to follow GSE bidding

instructions.

For questions regarding foreclosure bidding, contact the Genworth Claims Department

at 800 334.9270 or [email protected].

4B) E-BID (ACCESSING AND USING GENWORTH’S FORECLOSURE BIDDING TOOL)

To Access Genworth’s Foreclosure Bidding Tool:

1. Go to MIservicing.genworth.com

2. Enter your Username and Password and select Login

New to the Site? Call the ActionCenter at 800 444.5664 to obtain login

credentials

3. Select Delinquency Reporting and Claims

4. Select e-Bid

Note: As mentioned above, if a GSE is the investor of the loan, use GSE foreclosure

bidding instructions.

Page 6: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 5 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

Using e-Bid

1. Enter the Certificate number requiring an e-Bid and click Search

• Certificate information displays for confirmation (name, address, and

coverage percentage)

2. Verify loan information and click Submit

3. Enter the requested information

• Current Property Value: from recent appraisal, broker price opinion (BPO)

or sheriff appraisal amount**

• Total debt including all fees: unpaid principal balance (UPB), interest,

expenses, etc.

• Scheduled foreclosure sale date (enter the correct date if incorrect or

blank)

• Property damage beyond normal wear and tear

• Depreciating area

• Add comments as necessary

** Note: if there is a variance between the current value and the Original

Value, select the appropriate reason for the variance.

4. Click Submit

• An e-Bid or comment that indicates who to contact for further instructions

appears

5) FILING A CLAIM

5A) WHEN TO FILE A CLAIM

In order to file a Claim, one (1) of the following conditions must be met:

• Completion of the foreclosure sale of the Property, regardless of whether

certification, confirmation or ratification of the sale has occurred

• Conveyance of title to the Property by execution and acceptance of a deed-

in-lieu of foreclosure

• Closing of a Third-Party Sale by the Borrower

You must file a Claim within 60 days of the first to occur of the conditions identified

above.

If you do not file a Claim by the deadline, we are not obligated to include in the Claim

Amount any interest accrued or Advances you paid after the deadline passed. If the

applicable Policy for the loan is either MP 1480 or MP 1980, and if the Claim is

submitted more than 120 days after the expiration of the deadline, we may deny the

Claim.

5B) CLAIM FORM

You may use the Uniform Mortgage Insurance Claim for Loss form to file a Claim with

us. The Claim form must be itemized, signed by the submitter and completed in full.

Page 7: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 6 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

The Claim for Loss form can be obtained on the Genworth MI Servicing Website:

https://MIservicing.genworth.com/Publications/Default.aspx.

5C) HOW TO FILE A CLAIM

EDI Industry Standard EDI 260 Claims Transaction

Website MIservicing.genworth.com

Email [email protected]

Mail Genworth Mortgage Insurance

Attn: Claims Department

8325 Six Forks Road

Raleigh, NC 27615

5D) HOW TO SUBMIT SUPPORTING DOCUMENTS

Website MIservicing.genworth.com

Email [email protected]*

*Please do not submit Claim for Loss forms to this address. It is for supporting

documents only.

5E) HOW TO CHECK A CLAIM STATUS

To check the status of a submitted claim and validate claim perfection date, please

access our Claims on the Web (COW) for updates.

Website MIservicing.genworth.com/COW

6) CLAIM REQUIREMENTS

6A) DOCUMENTS REQUIRED TO PERFECT A CLAIM

In order to perfect a Claim, you will need to submit the Core Claim Documents listed

below. Copies of documents are acceptable, unless otherwise noted. It is important

that the Servicer include complete documentation and activity notes from all applicable

systems in order to perfect the Claim.

Please be aware that incomplete documentation may cause a delay in processing the

Claim and may also result in a reduction of the Insurance Benefit. If the Claim is not

perfected within 120 days following the receipt of the initial Claim, the Claim will be

denied, subject to certain exceptions set forth in the Policy.

Please contact us if you have any questions about Claim documentation.

Page 8: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 7 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

Core Claim Documents

• Complete Servicing File including:

o Workout and loss mitigation activities

o Bankruptcy, collections, legal and foreclosure activity

o Previous and current servicer activity

• Foreclosure chronology

o Prepared by foreclosure attorney or agent

o Include documentation of any delays in pursuing and completing

Appropriate Proceedings

• Attorney invoices

• Complete pay history with escrow account details from date of Default

• Evidence of title transfer and supporting documentation (see chart below)

Documentation for Title Transfer

Type of Title Transfer Document Requirements

Foreclosure • Executed foreclosure deed, regardless of whether

certification, confirmation, or ratification of the sale

has occurred

• Evidence of Sheriff’s deposit amount and all sale-

related expenses (including those debited against

the deposit), if applicable

• Evidence of Property value dated within 180 days of

foreclosure sale

Sale of the Property to a

third party at a Foreclosure

or trustee sale

• Copy of third-party proceeds check or other

satisfactory evidence of proceeds received

• Bidding information including instructions and final

bid

• Evidence of Property value dated within 180 days of

the issuance of bidding instructions or the sale date

Property Redemption

(before or after Claim

settlement)

• Notification of Property redemption and date

redemption occurred

• Copy of Property redemption proceeds check, or

other satisfactory evidence of proceeds received

Deed-in-Lieu of

Foreclosure

• Copy of deed transferring property and evidence of

acceptance by Servicer

• Deed-in-lieu approval letter

• Evidence of Property value dated within 180 days of

the deed-in-lieu approval

• Borrower contribution information including original

promissory note, if applicable

Page 9: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 8 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

Type of Title Transfer Document Requirements

Third-Party Sale (Pre-

foreclosure or post

foreclosure)

• Sale approval letter

• Borrower contribution information including original

promissory note, if applicable

• Signed or certified as true copy of original final

closing disclosure

• Evidence of Property value dated within 180 days of

the list date, sale approval date, or sale date

In addition, we may also request the following in order to assess whether we will elect

the Acquisition Option:

• Property Access: Upon our request, the Servicer is required to provide Genworth

with access to the Property.

If we elect the Acquisition Option, we will request the following:

• Recordable but not yet recorded deed transferring good and marketable title to

Genworth Mortgage Insurance

• Possession of the Property

• Any other documents necessary to complete the transfer of title of the Property to

us

6B) SUPPORTING DOCUMENTATION

If applicable, the following documentation is also required:

• Documentation related to any Advances or expenses paid above published

normal and customary limits.

o Genworth’s normal and customary limits are available at:

MIservicing.genworth.com/Publications/Default.aspx

• Bankruptcy documents, including bankruptcy filing and relief/release/discharge

dates

• Modification agreements in effect at the time of loan Default, complete with

signatures

• Copy of signed origination note

o Required for all pay-option adjustable rate mortgages (ARMs) or loans

with negative amortization.

o To be provided upon request for all other loan types

• Veterans Affairs (VA)/Federal Housing Administration (FHA) Proceeds

• If non-GSE loan, documentation demonstrating the amount of consideration the

Beneficiary paid to acquire the loan (e.g. loan purchase agreement)

• Address verification documents, such as origination appraisal or copy of original

note, upon request

• Documentation related to Appropriate Proceedings

Page 10: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 9 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

• Servicemember’s Civil Relief Act (SCRA) documents including qualification

documentation

• For GSE pool or second layer coverage, a copy of the primary Claim settlement

check and settlement letter

• If GSE pool or second layer coverage and the primary insurance was cancelled

due to the loan-to-value (LTV) falling below 80%, a copy of the original appraisal

and a copy of the interior BPO or appraisal showing the value that the

cancellation was based on

Please note: Genworth may also request additional documents including the complete

Origination File to evaluate first party (lender or lender’s agent) misrepresentation or

Pattern Activity as well as to review amounts claimed or to evaluate events between

loan origination and Claim filing or any other purpose permitted under the Policy.

The loan Origination File and Servicing File for each loan must be complete and

accurate and must be maintained in accordance with applicable law and regulatory

guidelines. A complete loan payment history, with escrow account details from

origination date to Claim filing date, must be maintained in accordance with the Policy

or applicable law.

For additional information, the Genworth ActionCenter is available at 800 444.5664.

6C) CLAIMABLE ITEMS

Examples of Items Included in the Claim Amount

• Unpaid principal balance due under the loan as of the date of Default

• Accrued interest due, calculated at the Contract Rate (up to the maximum

allowed per the Policy)

• Allowable Advances paid by the Servicer or Beneficiary during the time period

specified in the Policy, for example:

o Reasonable and customary Property insurance premiums

o Real estate taxes and assessments, not to include late fees or other

penalties

o Reasonable and customary Property preservation expenses

o Condominium fees/homeowner’s association dues

o Customary court costs and other reasonable expenses incurred in

Appropriate Proceedings, including reasonable attorney fees

Examples of Items Deducted from the Claim Amount:

• Amounts remaining in escrow that the Servicer or Beneficiary is entitled to as of

the last loan payment date

• Rent and other payments received before filing the Claim

• Hazard and other insurance amounts received by you or the Borrower but not

applied to the loan or restoration of the Property

• Other funds received to reduce the total indebtedness

Page 11: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 10 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

Please consult the Policy for complete information and details about the calculation of

the Claim Amount or contact the Claims Department at 800 334.9270 or

[email protected] for assistance or additional information.

6D) SUPPLEMENTAL CLAIMS

MP 1980

Within 90 days after payment of an Insurance Benefit, the Servicer or Beneficiary will

be entitled to submit a supplemental Claim for allowable Advances actually paid by the

Servicer or Beneficiary if such Advances were:

• Incurred prior to the date the initial Claim was submitted, but not included in

the initial Claim or

• Incurred after the date the initial Claim was submitted and during any period

for which accrued and unpaid interest would be included pursuant to the

applicable Claim settlement option.

MP 1480

Within 90 days after payment of an Insurance Benefit, the Servicer or Beneficiary will

be entitled to submit a supplemental Claim for allowable Advances:

• Incurred prior to the date the initial Claim was submitted and

• Actually paid by the Servicer prior to the submission of the supplemental

Claim, but not included in the initial Claim

All Other Policies

Within 90 days after payment of the Claim, the Insured shall be entitled to submit a

supplemental Claim in an amount equal to allowable advances made prior to the date

we received the initial Claim that were not included in the initial Claim.

6E) APPEAL OF CLAIM DENIAL OR REDUCTION OF INSURANCE BENEFIT

The Servicer or Beneficiary has the right to appeal any Claim curtailment, Claim denial,

Certificate cancellation or rescission within 90 days of our decision for Certificates

issued under MP 1980 and within 120 days of our decision for Certificates issued

under MP 1480. Please check your Commitment/Certificate of Insurance for your

applicable policy form number. The Servicer or Beneficiary must provide all information

and documentation necessary for evaluation of the request within the appeal period.

Appeals due to a reduction in the Insurance Benefit should include a Supplemental

Claim for Loss Form. Please note that in many cases a reduction in the Insurance

Benefit is due to Genworth not receiving complete documentation with the initial Claim

submission; for example, the complete Servicing File.

Please submit your Supplemental Claim for Loss form through the same submission

channels outlined in Section 5c) How to File a Claim. Supporting documentation for the

appeal may be submitted via email to [email protected].

Page 12: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 11 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

6F) PROTECTION AND PRESERVATION OF THE PROPERTY

In order to protect the Insured’s or Beneficiary’s rights under the Policy, the Servicer

should determine the occupancy status and condition of the Property immediately

following the conveyance of the Property title to the Insured. Also, the Servicer should

take appropriate measures to assure good and marketable title and that the Property is

preserved and protected. Therefore, it is the Servicer’s responsibility to advance:

• Reasonable and customary Property insurance premiums

• Real estate taxes that become due and payable on or after the date of Default

• The cost of engaging in Appropriate Proceedings

• Reasonable attorney fees

• Reasonable and customary expenses necessary for the protection and

preservation of the Property

Although prior approval for Advances is not required by Genworth, the Servicer is

encouraged to obtain prior approval since we may disallow certain Advances if in our

judgment the Advances were not reasonable and customary.

6G) LISTING AND SALE OF REO PROPERTIES

Once the Property is vacated, the Servicer should obtain a current BPO or appraisal

and list the Property for sale at fair market value as soon as possible.

Any purchase offers received prior to the settlement of the Claim must be presented to

Genworth for approval or rejection along with an interior appraisal or BPO including

interior photographs and any repair addendums dated no more than 180 days from the

list date or sale approval request date. To expedite the evaluation of the offer, please

email the offers details to [email protected]. Within 10 Business

Days of receiving a request for approval of a purchase offer, Genworth will approve or

deny the request. If additional information is needed to evaluate the request, we will

deny the request within 10 Business Days and indicate the additional information that

is required. If we do not respond within this timeframe, the request is deemed to be

approved.

MP 1480 and 1980

Please note that a delay in timely listing properties for sale or presenting purchase

offers to Genworth may result in a Claim denial or a reduction in the Insurance Benefit

due to an adjustment of any interest and Advances accruing during the period of delay.

6H) POLICY EXCLUSIONS

Please see the Policy for a list and detailed explanation of coverage exclusions under

which Genworth may cancel, rescind, or deny coverage, or reduce the Insurance

Benefit.

Please note that we will deny any Claim that is not perfected within 120 days following

submission of the initial Claim. See Section 6e) Appeal of Claim Denial or Reduction of

Insurance Benefit for information about appealing a Claim denial.

Page 13: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 12 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

If you have any questions about coverage exclusions, please contact the Claims

Department at 800 334.9270 or [email protected] for additional information.

6I) CLAIMS CURTAILMENT METHODOLOGY

Reduction of Interest and advances

When a Servicer does not meet the requirements and timelines in the Policy, Genworth

may adjust the Claim Amount by deducting interest and Advances corresponding to the

number of days that an activity was required but did not occur. For example:

• If a Claim is submitted after the 60-day period set forth in Section 5a) When to

File a Claim, we may adjust from the Claim Amount any interest accruing and

Advances incurred after such 60-day period.

For other conditions that may affect the Insurance Benefit, please refer to the

governing Policy.

Any reduction or adjustment to the Claim Amount will be itemized in the Explanation of

Benefits supplied with the Insurance Benefit payment.

Loss Mitigation Review

When loss mitigation activity efforts do not comply with the Default Management

Servicing and Reporting Guide, GSE Guidelines and the CFPB Rule, Genworth will

determine the estimated resulting damage and may adjust the Claim accordingly.

For example, if the GSE Guidelines require a certain loss mitigation activity to occur by

day 60 of the Default, but the Servicer does not engage in that activity until day 90,

Genworth may reduce the Claim Amount by deducting 30 days of interest and

Advances. Any reduction will be itemized in the Explanation of Benefits supplied with

the Insurance Benefit payment.

For further information regarding servicing of loan in Default, please see the Default

Management Servicing and Reporting Guide.

7) CLAIM SETTLEMENT METHODS

7A) SETTLEMENT OPTIONS

Genworth may select from the following Claim settlement options when settling the

Claim, as specified in the applicable Policy:

• Percentage Option

• Third-Party Sale Option

• Acquisition Option

• Anticipated Loss Option

Please consult the Policy for complete details about the Claim settlement options or

contact the Claims Department at 800 334.9270 or [email protected] for

additional information.

7B) EXPLANATION OF BENEFITS (EOB)

Page 14: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 13 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

The Explanation of Benefits (EOB) provides a categorized itemization of a Claim

settlement. If adjustments are made to the Insurance Benefit, an explanation for the

adjustment is provided. An EOB is provided with each Claim settlement and is

available online at https://MIservicing.genworth.com.

8) CREDIBLE EVIDENCE

If your loan has been submitted and approved for coverage under Genworth’s Your

Choice Coverage (YCC) program, please see our Rescission Relief Guide.

MP 1980

Genworth must have Credible Evidence of a Significant Defect in order to rescind

coverage on a Certificate. A Significant Defect is a Defect existing on the Certificate

Effective Date that would have made the loan ineligible for insurance. For more

information, please see the definition of Significant Defect in the Policy.

MP 1480

Genworth must have Credible Evidence of an Eligibility Criteria Violation, first party

misrepresentation, or Pattern Activity in order to issue a Rescission Notice rescinding

coverage on a Certificate.

MP 1480 and 1980

Examples of Credible Evidence include, but are not limited to any one or more of the

following:

• Undisclosed Borrower mortgage involving the same loan originator as the subject

loan (as the loan originator should be aware of and detect such other mortgage

and ensure it is disclosed as part of the subject loan Application)

• A review appraisal indicates a variance of fifteen percent (15%) or more in the

value of the Property as compared to the Original Value and there is evidence

that the appraiser manipulated or selectively utilized information in producing the

appraisal that established the Original Value(e.g., if the sales history of the

subject Property or its relation to comparable properties is misrepresented)

• Verification of origination documentation generated by a first party that was

confirmed to be falsified. For example: verification of employment, verification of

assets, verification of rent

• Any situation where a straw buyer is presented as the Borrower for purposes of

qualifying an otherwise unqualified Borrower if it can be shown the first party was

aware of the straw buyer

• Any situation where the Borrower has presented false identification where it can

be shown a first party was aware

• An investigation by regulators or law enforcement agencies has established that

there was first party misrepresentation involving the loan

• A first party, the Servicer, Insured, third-party Beneficiary, or owner of the loan

has reported first party misrepresentation to Genworth

• The loan has been repurchased as a result of first party misrepresentation

Page 15: Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification of the sale has occurred • Conveyance of title to the Property by execution and

Claim and Foreclosure Bidding Servicing Guide

March 1, 2020

Page 14 of 14

Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].

• The final HUD-1/Closing Disclosure indicates that the Borrower received

interested party contributions that exceeded the guideline limit

• The final HUD-1/Closing Disclosure indicates that the Borrower failed to make the

required down payment at closing

• The final title report indicates an undisclosed second lien on the subject property

9) SUBROGATION AND DEFICIENCY JUDGMENTS

Genworth is subrogated, upon payment of an Insurance Benefit, to the Insured’s or

Beneficiary’s rights of recovery against the Borrower. Therefore, Genworth may pursue

a Borrower for its loss when permitted under applicable law.

The Servicer should foreclose and bid in a manner that protects the deficiency rights

unless otherwise instructed by Genworth. Please see the section of this Guide entitled

4) Foreclosure Bidding Instructions for bidding instructions.

Genworth may request the Servicer to foreclose in a manner outside of the normal and

customary state foreclosure process to preserve its rights of recovery (e.g., judicial

foreclosure rather than non-judicial). All associated expenses incurred by the Servicer

will be handled in accordance with the section of the Policy related to deficiency

judgments. If your pursuit of a deficiency judgment would increase the cost associated

with a foreclosure, contact the Recovery Department at

[email protected].

Should Genworth elect to pursue a deficiency judgment against the Borrower,

Genworth or our designee may request that the Servicer and Beneficiary provide such

information and execute and deliver such documents and instruments necessary to

transfer, assign, and secure your subrogation rights.

Genworth and the Beneficiary may jointly elect to pursue a deficiency judgment. In that

case, all expenses associated with the preservation and pursuit of a deficiency

judgment will be shared pro rata between Genworth and the Beneficiary in accordance

with the Policy.